Taking a normative approach this paper identifies and develops basic principles for the good governance of central banks, namely independence, democratic accountability and transparency. In doing so the paper focuses on the arrangements surrounding the primary task of a central bank, i.e. the...

Artificial Intelligence (hereafter: AI) is transforming our everyday life in many important respects. The corporate realm is no exception. Many corporations cannot avoid facing the variety of issues raised by the increasing importance that AI plays within firms. Can an AI-based system be...

A number of lawyers associated with President Donald Trump, within and outside of his administration, have faced ethical challenges. While the ethical issues for President Trump's personal lawyer Michael Cohen have grabbed the most headlines, actions of Acting U.S. Attorney General Matthew...

It is trite law that a director is a fiduciary to his or her company and must act in the interests of the company. However, identifying the “interests of the company” is not so straightforward. Different theories of the nature of the company and different stakeholders interested in the...

Balancing social welfare issues with profitability is difficult and critical for the long-term success of a business entity. It is also difficult for managers to prioritise between the numerous competing interest of shareholders and different stakeholders. The paper examines the sphere within...

This article discusses some of the barriers to improved standards of corporate governance in China, including: (1) institutional and structural obstacles; (2) problems arising from the fact that the majority of shares in Chinese companies cannot be traded freely on the stock market; (3)...

While it seems that China's corporate system lags far behind that of Western developed countries such as the UK, the US or Germany, as early as 1904 China's first corporate law had been promulgated by the imperial government—the Qing Government—which included the rule of limited liability...

This article, written for a symposium on the history of corporate social responsibility, seeks to make sense of the surprising disagreement within the corporate law academy on the foundational legal question of corporate purpose: does the law require shareholder primacy or not? I argue here that...

The franchisor-franchisee relationship is unique in that it has characteristics of both an arm's length business transaction as well as an ongoing business relationship. As time goes by, however, the interests of the parties may diverge. It is in the franchisees' interest to make their...

Two recent cases, one from New Zealand and the other from the UK, highlight issues relating to the intersection between company law and securities law. In one, the directors attempted to defend alleged breaches of the statutory duty to make full prospectus disclosure by asserting that they were...